Smoothly

On behalf of the team at Smoothly, we want to take the time to sincerely apologise for the delay we are experiencing with Kickstarter to launch the Smoothly Campaign. It has come to our attention that “due to the high volume of campaign Kickstarter is experiencing, Kickstarter are experiencing a delay in launching the Smoothly Campaign.” Rest assured, Smoothly’s customer service representatives are working swiftly and diligently to launch the Smoothly campaign and provide a swift and seamless resolution. Again, we want to apologise profusely for any inconvenience this may be causing as customer service remains our priority.

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NZBN Number: 6378272

Australian version

Last updated: 26 May 2022

  • Scope and Application
    1. These Terms constitute a legal binding and enforceable contract between us and you. The Terms will apply to the use of our website, as well as the order, purchase and delivery of our products. By accessing and using this website, and agreeing to place an order for our products you will be deemed to have read, understood and accepted these Terms and our Privacy Policy.
    2. We may from time to time amend, update, or change our website, including these Terms, without prior notice. Each time you visit our website and before placing an order, you will be deemed to have accepted and agreed to the most recent version of these Terms then displayed.
    3. We reserve the right to take legal action for any loss or damage we may suffer as a result of the use of our website or placement of an order entered into by a minor, from a parent or guardian of a minor.
  • Definitions
    1. In these Terms:
      • ACL means the Australian Consumer Law, as contained in the Competition and Consumer Act 2010 (Cth).
      • additional delivery cost means any additional cost which may not be shown on our website at the time you place the order, which we incur where we have agreed to deliver your order to a regional area of Australia or internationally. These additional delivery costs will vary depending on the final designated address;
      • delivery cost means the cost (if any) in addition to the price of the products, as a result of delivering and handling the products to your designated address;
      • GST means Goods and Services Tax payable in accordance with the A New Tax System (Goods and Services Tax) Act 1999;
      • intellectual property includes (whether in visible, electronic or any other form) all brands, contracts, goodwill, logos, formulae, techniques, know-how, specifications, designs, drawings, copyright, manufacturing processes, patents and trademarks (if any) whether registered or not, software (in source and object code), business strategies, confidential business information including market and marketing strategies, business contracts and intellectual property relating to our business, services and products.
      • order means an offer made by you in response to an invitation to treat made by us on our website;
      • product and products means the goods that are manufactured by us and available for purchase via our website;
      • Terms means these terms of sale;
      • we, our and us means Evolution Products Limited Company Number 6378272;
      • website means www.smoothly.shop ; and
      • you and your means you our customer or user of the website.
  • Price
    1. The prices for our products on our website are in United States Dollars . The prices for our products may vary depending on any applicable foreign exchange rate that may apply at the time an order for our products is made.
    2. By placing an order, you agree to pay the price including any additional fees and charges relating to any conversion of currency that may apply, the delivery costs and any additional delivery costs applicable to that order.
    3. We reserve the right to vary the prices on our website, at any time, without notice.
    4. We are not bound by any errors or omissions in any invoice, quotation, order form or any other document or statement issued by us. Where applicable, we will advise you of any such error and you must accept such amended pricing and pay the difference to us.
  • Order
    1. The products advertised on our website are an invitation to treat and not an offer to sell or supply our products. When you place an order with us, you are making an offer to purchase the products.
    2. You and we may enter into a contract for the sale and supply of our products by you making an offer via the website to purchase at the price advertised on the website by:
      1. you placing an order via adding a product to the shopping cart and proceeding through our checkout process. This process includes you giving us the delivery address and any other relevant information (i.e. your contact details), entering payment information and submitting your order. In terms of the latter, this will consist of the full details of your order and an acknowledgement that the products are intended for personal, domestic, non-commercial use only. You warrant that the information provided is correct, accurate and complete;
      2. you making payment in full in accordance with these Terms and our electronic payment provider’s terms and conditions; and
      3. our acceptance of your offer. We will notify you after you have confirmed the order and we have received payment in full.
    3. We may accept or reject any offer made by you for any reason that we deem appropriate at our sole and absolute discretion, including (but not limited to) an error in the advertised price or description of the products, an error in your order or because your financial institution has declined payment.
    4. If your offer is not accepted by us, we will notify you in accordance with the contact details you have provided and arrange for a full refund of any payment made by you to be processed by our electronic payment provider.
    5. We will use reasonable endeavours to ensure that any representations made on our website about the stock levels of our products are accurate. You acknowledge and agree that our stock levels may change. We will notify you if we cannot supply the products within a reasonable period of time.
    6. Unless stated to the contrary, any price for products quoted by us includes packaging in accordance with recognised standards. The cost of any special packing requested or required by you, or deemed reasonably necessary by us, must be paid by you.
  • Payment
    1. All payments must be paid in full by you.
    2. You must pay for the products via our secure payment gateway facilities made available on our website.
    3. The accepted forms of payment are debit cards, credit cards (Visa or Mastercard) or PayPal account. By providing this information you authorise us and/or our third party electronic payment provider to deduct the price and applicable delivery costs and if appropriate the additional delivery costs.
    4. We reserve the right to change the forms of payment and electronic payment provider at any time at our absolute and sole discretion.
    5. If there is an issue with the payment we will use reasonable endeavours to contact you and may offer other alternative means of processing payment.
  • Cancellation
    1. Any variation, waiver or cancellation of any order made by you shall be of no effect unless we accept such variation, waiver or cancellation in writing. We may, at our sole discretion, allow the cancellation of an order you have made, but which has not been despatched. You acknowledge that if we agree to such cancellation, we may charge you for the reasonable costs incurred by us up to the date of cancellation.
  • Delivery
    1. Upon completion of the steps in clause 4.2 of these Terms, your order will be dispatched to you within approximately ten(10) days. This timeframe is an estimate only. We do not make any guarantee regarding the timeframe for delivery and you acknowledge that the delivery and availability of the products may at times be outside our control.
    2. Title and risk in the products, such as loss and damage, passes on the date and time of delivery of the products at the delivery address provided.
    3. The designated delivery address cannot be a PO Box or a freight forwarding destination.
    4. If you require the products to be delivered or re-directed to a different address to the address specified in your order, we may in our discretion, comply with your request.
  • Refunds, Returns and Faulty or Damaged Products
    1. You should check the products as soon as they are delivered in order to ensure that they are what you ordered and they are not damaged.
    2. If the products are faulty, damaged or of unacceptable quality, you should contact us as soon as possible, but in any event, no later than 7 days from the date of delivery. All such claims must specify the packaging slip number, the invoice number and, where possible, be accompanied by photographic evidence of the defective products and packaging.
    3. You may be entitled to have your product repaired, replaced or refunded in accordance with the provisions of the ACL. Please email us on support@smoothly.shop to enquire about returning the product for assessment.
  • Privacy and Personal Information
    1. The privacy of your personal information is important and we are committed to its protection. Please read our Privacy Policy for more information.
  • Disclaimers and Indemnity
    1. Our liability under any statutory right or any condition or warranty, including any implied by the Competition and Consumer Act 2010 (Cth) or similar Act or regulations;
      (a) is excluded to the maximum extent permitted by law; or
      (b) if not able to be excluded, is limited to the minimum extent required by the relevant statute.
    2. Except as otherwise provided by this clause 10 and to the fullest extent permitted by law, we (including our officers, employees and agents) shall not be liable to you, under the law of contract, tort, equity or otherwise (including breach of statutory duty), for any loss or damages of any kind arising out of or caused in connection to the website, these Terms or our products that are direct or indirect (meaning not arising in the ordinary course as a direct, natural or probable consequence of the act or omission complained of), regardless of the cause of such damages or whether you had been advised of the possibility of such damage, including loss of profits, loss of savings, loss of revenues, or loss of data, you might suffer as a result of (but not limited to):
      • any errors or inaccuracies on the website;
      • arising from unforeseen circumstances;
      • where the products are used for any commercial purposes or acquired in trade;
      • you acting, or failing to act, on any information contained on or referred to on the website, any linked website or which accompany the products;
      • personal injury or property damage of any kind resulting from your access or use of the website and delivery and use of the products;
      • any interruption or cessation of transmission to or from the website; or
      • any viruses or other harmful code or communications which may be transmitted to or through the website by any third party. It is your responsibility to use your own equipment and related third party utility and software services as required to access the website at your cost.
    3. If contrary to the disclaimer of liability contained in these Terms we are deemed liable to you, following and arising from our website or the products, then such liability is limited in its aggregate to the amount received by us from you for the products.
  • Intellectual Property
    1. We own all copyright and other intellectual property in this website and the products. You may not copy or display for redistribution to third parties, or for commercial purposes, any portion of our website or products, without our express permission.
  •  General
    1. These Terms shall be governed by the laws of Australia and are subject to the jurisdiction of the courts of Australia.
    2. Any reference to legislation is a reference to that legislation as amended, re-enacted or replaced and includes any subordinate legislation or statutory instrument issued pursuant to that legislation as it may have been amended, re-enacted or replaced.
    3. You may not assign all or any of your rights or obligations under these Terms
      without our prior written consent.
    4. We may assign, novate, license or sub-contract all or any part of our rights and obligations without your consent.
    5. You consent to receive communications from us electronically and agree that all communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You agree to be bound by any agreement reached through electronic communications in terms of the Electronic Transactions Act 2000 (NSW) or similar Act or regulations.
    6. Where we have rights and remedies at law or otherwise in addition to the rights set out in these Terms, those rights and remedies will continue to apply.
    7. Our failure to enforce any of the Terms shall not be deemed to be a waiver of any of the rights or obligations we have under these Terms.
    8. If any of these Terms or part thereof are held to be invalid, illegal, unenforceable or void for any reason or reasons, all of the remaining Terms (or part thereof) shall
      remain in full force and effect.
    9. These Terms (and any other terms we display on our website) constitute the entire agreement between you and us with respect to your use of our website and the
      products, and replace all prior understandings or agreements, written or oral, regarding the same.